§ 17-56. Violations and enforcement.

(a)

Any person violating this part shall pay the fine, assessed each day as a separate violation and ticketed as a separate offense designated on the citation, as established by the following schedule, which may be amended from time to time by resolution adopted by the board of county commissioners:

(1)

Handicap parking ..... $250.00

(2)

Fire hydrant and fire lane/zone violations ..... 35.00

(3)

All other violations ..... 25.00

(4)

Late payment ..... 10.00

(b)

A sheriff or deputy sheriff who has probable cause to believe that a person has committed an act in violation of this part or section 17-56, violations and enforcement, may issue a municipal citation therefor, a law enforcement officer who discovers a vehicle parked in violation of this division shall issue a parking ticket approved for use by the board of county commissioners and shall attach such ticket to the vehicle in a conspicuous place. The law enforcement officer shall determine the registered owner of the vehicle for which a parking ticket has been issued and shall complete the parking ticket form. The original copy of the parking ticket form shall be forwarded to the clerk when completed for processing.

(c)

Municipal citations issued pursuant to this section shall include the following information:

(1)

Date, time, and location of issuance;

(2)

Vehicle license number and state;

(3)

Vehicle make and color;

(4)

Violation charged;

(5)

Amount of fine;

(6)

Department case number;

(7)

Issuing officer's signature;

(8)

Name and address of issuing agency;

(9)

Number of days allowed to pay the fine;

(10)

Instructions for contesting the citation; and

(11)

Instructions for paying the fine and failure to pay fine.

(d)

Any person issued a municipal citation pursuant to this section may, within ten (10) days of issuance of the citation:

(1)

Pay the civil penalty, either by mail or in person; or

(2)

Contest the citation in county court.

Payments postmarked and mailed within the ten-day period shall be considered timely.

(e)

Any person electing to contest the citation and choosing to appear in county court shall be deemed to have waived the limitations on the civil penalty specified in subsection (a) of this section. The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of a violation has been proven, the court may impose a civil penalty not to exceed five hundred dollars ($500.00).

(f)

Any person failing to pay the civil penalty or contest the citation in county court, either by mail or in person, within ten days of receiving the citation shall have a late payment charge imposed and be deemed to have waived any right to contest the citation. A notice at time of issuance shall advise the owner that failure to pay the fine plus the late payment charge of $10.00 within 24 days of the receipt of the citation shall result in the matter being transferred to the county court for further proceedings. The notice shall also advise the owner that any right to contest the citation has been waived and that failure to pay the amount due may result in the imposition of a fine by the court not to exceed five hundred dollars ($500.00) and in a hold being put on the further issuances of driver's licenses and registrations to the owner.

(g)

If the owner does not pay the fine and the late payment charge within the prescribed 24-day time limit, the citation shall be forwarded to the clerk of the circuit court for placement upon the county court docket. Notice of the hearing date shall be promptly provided by the clerk of the court to the owner of the vehicle in question by certified mail, return receipt requested.

(h)

The clerk of the circuit court shall submit to the state department of safety and motor vehicles a list of all owners who have three or more outstanding municipal citations issued by the county, for which fines have not been paid directly to the county or through the county court. Upon receipt of this list, the state department of safety and motor vehicles shall make the appropriate annotations to the records of the owner in question so as to prevent the owner from receiving a driver's license or vehicle registration until the fines for the citations are paid.

(i)

Any person issued a citation for a violation of subsection (a)(1) above may provide proof that they have a valid parking permit or license plate issued pursuant to a F.S. §§ 316.1958, 320.0842, 320.0845, or 320.0848, and present a signed affidavit from the owner of the disabled parking permit stating that the owner of the disabled parking permit was present at the time the violation occurred, and such parking permit or license plate was valid at the time the violation occurred. Upon provision of proof of such a valid parking permit or license plate and payment of a five-dollar ($5.00) dismissal fee, the violation shall be dismissed.

(Ord. No. 90-9, § 6, 8-21-90; Ord. No. 2017-10, § 1(Exh. A), 7-11-17)